Local Planning Agency - Regular Meeting

Good morning, Ganel. Good afternoon, everyone. Oh, yeah. It is uh 1:00. This is a regularly scheduled meeting of the Fort Myers Beach Local Planning Agency. Merry Christmas to everyone here and in the listening audience. And if you would stand for our invocation and the pledge of allegiance. I pledge allegiance to the flag of the United States of America and to the republic for which it stands, one nation under God, indivisible, with liberty and justice for all. So our invocation today just is happy Hanukkah to those of you who celebrate uh Hanukkah. Merry Christmas to those of you who celebrate Christmas. And may we all have a joyous and happy new year.

Amen. Amen. Amen. Okay. The first item on the agenda is an approval of the final agenda. Does anybody have anything to add, subtract, or comments? Or may I have a motion for it approval? Thank you. Thank you. Thank you, Don. Thank you. Uh is there any discussion on the motion? Any objection to the motion? So, it carries unanimously. Okay. And this next item is an approval of the minutes for the local planning agency November 11th, 2025. Um, any changes or comments? And if not, may I have a motion? So move. Senator support.

Thank you very much, Don and Jim. Any objection to the motion? Hearing none, the motion carries unanimously. Next item is public comment. And there's a bunch of people here, but I suspect most of you are here for a public hearing, in which case you should wait to speak in that. But if anybody's here to speak about anything other than a public hearing, um please come up. And seeing none, we'll co close the public comment and we'll move on to the next uh item which is our first public hearing. Uh it is a variance request V2050 to Can I read the title and then you can say your your story. Nancy,

go ahead. This is a variance 20250287 for 138 Hibiscus Drive. It's a resolution of the Fort Myers Beach Local Planning Agency approving approving with conditions or denying variance 20250287 requesting one a variance of 1.6 6 feet to the required 20ft rear setback in LDC. That's land development code section 34638D1G to allow a 4.6 6 foot encroachment for elevated mechanical equipment and two a variance of 3.3 to the required 20ft rear setback for properties in the RS zoning district in table 34-3 to allow a staircase with a 16.7 ft rear deck setback in order to access the elevated mechanical equipment for the property located at 138 Hibiscus Drive generally referred to as strap number 294624 4 W4 I mean W21431.00000000 in Fort Myers Beach and providing for other clarifications is necessary providing for conflicts of law scrier's errors severability and providing for an effective date. Nancy

one second m um do we need to excuse Doug as for the bylaws make sure Madam Chair I just wanted to note for the record that uh Mr. Ecman has requested an excused absence. Wonderful. I'll move approval of that. Thank you very much. Thank Thank you. Thank you, Jane. So, um there's a motion and a and a second to approve an excused absence for Mr. Ecman. Any objection to that hearing? None. That's passes unanimously. Okay, Nancy. Thank you, Jim. Thank you, Madam Chair. So, um and thank you for reading the title to the variance. You're welcome, Nancy.

In addition to this variance, um we have for some reason I'm thinking I'm going to get coal for Christmas. I don't know. But anyway, um in addition to the variance, we have uh a reasonzoning on today's agenda as well as a special exception. These three types of land use matters. They are quasi judicial in nature. And this requires that our public hearing comply with some procedural requirements that have been established in Florida law and in our land development code. So these quasi judicial proceedings, they are less formal than a proceeding before circuit court, but they will be more formal than the remainder of the meeting. And we must follow some basic standards of due process that requires certain notices, the application of the correct standards and the decisions to be made on competent substantial evidence that has be been presented to the LPA in written documents or in oral testimony. So the LPA today will be evaluating this testimony and the information for each item. They will then draw a conclusion regarding whether the criteria in the land development code or in state law has been satisfied. So pure speculation or opinion that is not based on competent facts cannot legally be considered by the LPA in determining whether an agenda item has uh satisfies the uh L LDC requirements. So testimony by professionals who have been qualified as experts in a particular area has been considered competent evidence by Florida courts as well as testimony by neighbors and residents who have fact-based information such as minutes, surveys, engineering reports, or testimony that is based on their personal uh knowledge and belief. So, members of the public that are present, if you intend to speak, please

keep my comments in mind when you come forward. Please state your name clearly for the record and whether or not you have been sworn in. Also, we do have a variance on today's agenda and a unanimous decision by eligible voting members of the LPA to approve a variance shall constitute final agency action subject to a request by anyone for an additional hearing of the matter before the town council if that request for the additional hearing is received by the town clerk within 10 days. Uh, thank you. And for purposes of efficiency, I'm going to go ahead and ask um our deputy town clerk today whether the three agenda items have been properly noticed pursuant to our land development code and Florida law.

Yes, they have. Thank you. And also at this time, if there's any LPA member who has a conflict of interest that would prohibit them from voting on any of these items, would you please disclose that at this time for the record? John, anything? Uh, no conflicts. How about you, Jim? No conflicts. Jane, none. Jim, none. John, no conflicts. I have none as well. Thank you. And thank you. Um, I would ask our clerk if at this time Well, first of all, if there's anybody present that would uh intend to provide oral testimony, if you would please stand, raise your right hand, and be sworn in by our clerk.

Please raise your right hand. Anybody Anybody who is going to speak today, you need to you need to be sworn in. That's that's that's you all too. Anybody who wants to speak. Okay. Perfect. All right. Do you solemnly swear and affirm that the testimony that you are about to give is the truth, the whole truth, and nothing but the truth. Fantastic. Thank you. So, Madame Chair, um you have read the title for the first item, which is a variance. It would now be appropriate to request any exparte disclosures. Thank you, John. Uh, none. Jim, no. Exparta. Jane. Yes, I met the owner um um when I was going for the site visit and walked around the property with him. Great. How about you, Jim? Don,

no exart. I have none as well. Okay, Jason.

Good afternoon. My name is Jason Smallley. I'm with your planning and zoning departments. U as was mentioned by Anita before you today is a request for two separate variances. Uh the first variance, both variances deal with um a set of stairs, a AC platform and the AC mechanical unit itself on the rear of this property. Uh they are requesting two separate uh uh variances, one for the mechanical equipment and the pad and one for the set of stairs. The first one for the pad and the mechanicals uh are they are they are needing to request uh a 4 six uh foot encroachment there. Uh in general, they're allowed to encroach in the rear of a new home an additional 3 ft with these cantalvered pads and the AC units. Uh during the asbuilt survey review, we found that it encroached further than the 3 ft that was allowed. So that is the reasoning for bringing that first variance before you. The second variance is for a set of stairs. Uh the rear setback is 20 ft. there's not an allowance on new homes for additional protrusion of the stairs in the rear or otherwise. And so they are coming in to request uh the difference between the uh 20 foot that they are required and the 16.7 ft that was presented in the uh asbuilt survey. Uh the applicant is here and during our meetings recently she did note that she was requested uh by FPNL to install the stairs and the platform for elevated uh meters. Uh staff can't independently confirm that, but that's what we were told and it's in line with generally what we hear on a lot of new elevated home builds. Uh staff is here for any questions or concerns that you may have. Uh we believe that this uh is an approvable uh approvable with the

conditions listed and that it's a relatively dimminimous ask. Uh the applicant is also here. Thank you very much, Jason. Questions for Jason Jane?

Well, my my only thing is do you think that you will be able to pick this out in the future when people are planning on putting their meter outside upstairs that we need to make sure that that distance doesn't become a problem? I I think that's an excellent point and I think as we go through the LDC updates, we may wish to look back at the uh sections that allow for these carveouts by right and perhaps uh take a look at what the uh the general builds and what FPNL may be requiring that maybe wasn't applicable uh previously.

Right. I was quite surprised by the amount of mechanical that's up there to have the uh utilities outside and then you couldn't if if it would have been shorter, you wouldn't have been able to get around the air conditioner or do any maintenance on any of the electrical. So, I mean, I can understand the ask, but I think somehow we have to make sure that we don't see repetition on this. I I agree. I think that can be dealt with through through an LDC change. Okay. Thank you. Anyone else have questions? John, Jim,

Jason, is this an FPL rule change? Because I drive around, ride my bike around. I see some meters at 3 feet off the ground and some of them at six feet. So, is this a new change? Uh, I don't know that we have anything that's changed that we can point to. I I think this is probably something that's always been on the books that they wanted these things elevated, but FPNL doesn't coordinate with us. if they're talking to the homeowner or to their builder.

And this is where I think that disconnect unfortunately causes people concern and pain here. Um, again, the applicant has claimed that during the build that her contractor was told FPNL requires this and so it was added on the fly as a field change and that wasn't discovered until after the fact. Thank you. Thanks, Jim. Anything, John? Uh, I have some commentary afterwards because I've actually dealt with this issue. Okay. Um, Jim, anything? Nothing. Don, no. Thank you very much, Jason. And the property owner, would you like to speak and talk about this? Well, you've got Albert with you, huh?

You Well, it just changed. You brought it just changed. Neighbors. Ah, well, that works. Pays to have good neighbors. Wow, your best work, Albert. Merry Christmas, Albert. Merry Christmas to you. Thank you. Thank you. You could have done better pictures than these. This does not show how big it is. This is how it really looks versus this drawing substantial. It is. It's a lot of

forgot about the green light. Albert Damber studio for the record. um helping Crystal, we're our neighbors and also I was the architect for the project. So I kind of know the questions that are coming up that sneak into our uh world during construction to explain how we got to where we are. Um in an effort to be resilient, you know, you have a choice. Your FPL meter can be a normal height, which is like 56 at the center line of the meter, or if you want to, you can elevate it. Um during construction it was a choice to elevate it to make it more resilient. There was a platform in the back for the canal lever to air condition condenser. Anyway, they have two systems for their house. It's a three-story house, two over flood. And um FPL has a handbook requirement that says if you're going to put an ele meter more than a certain height, you have to have a certain platform. You have to have a set of stairs. You have to have a rail in otherwise they won't put the meter on there andor service it. So homeowners have that choice to do that. So this is what a good question that came up during construction and all in future plans. A lot of times in plans we'll say the meter is going to go here and sometimes that's correct and sometimes that deviates between the contractor and the owners and FPL and it's be located differently. So the reason why the platform is bigger than allowed is because of the fact of the air conditioning systems there, the clearance, the meter. So it had to be a little bit bigger. Um the stairs are there because FPL that will not want to use a ladder to access it. You have to have a permanent set of stairs with a rail in. So kind of in hindsight kind of would worked out to work to access their deck. But that's the reason why the varianc is here. So it's a minimum that they need in order to keep the FPL meter where it is. Um it is a hardship if they actually have to relocate that meter back to the ground floor, have to rework all the disconnects, rework all the conduits and all that stuff for this process. Um, as a direct neighbor, I know you see some letters of supports from neighbors around there, especially

I think one of the back neighbors as well too. You you don't even notice this thing whether it's and four four more inches, six more inches. It's not harmful at all. Albert, touching on what Jane said earlier, do you see this as a recurring issue we're going to be dealing with? I think yes because when people start realizing there's an option to do this and then they hear about this during construction. I think the seasoned builders that do this know if they do this with commercial that you have to follow the FPL man handbook. Um, if you don't, you might get away with the FPL guys saying no problem, but most of them are pretty much like we run this to the commercial. Honestly,

if the meter and disconnection wireways and raceways are not at the proper exact height down to the quarter of an inch, FPL will sit there and go, "That's nice. It's off quarter of an inch. We'll come back. Let me know when you fix it." So, FPL is pretty much by the book. Um, I think obviously right now the choice has been that if you put your meter up higher, storm water comes in, your meter is not even affected by it. your waterway is not even affected by it, you're more resilient. You can reopen either a business or house. If it's down below and you have a storm surge over five and a half feet and that meter's under water, that means going to be popped out. All the wires have to be clean. So, it's just one layer to be more resilient. Okay. A note for you is that we're not having any more of those storms. So, yeah. Can I write that down?

Yes, I'll write it down. Um Jim, John, any questions? Uh no, no questions. Anything else you'd like to tell us? No. Okay. All right. Thank you very much. Did you guys have any questions? Okay. No. All right. We're We'll open the public comment. Anybody have public comment on this case for um 138 Hibiscus? I just have to say I really like the color of your house. It's a really nice color. Um uh okay. Public comment is closed. Uh any further discussion or questions for staff or the applicant?

Well, I would like to say that when I was there and underneath it, you could see that just okay. You could see that the plan was to be here and because there is definition in the underneath of how the design was and then you could see how they had to come out. So, I mean, I do think the intent was there to do it right by what they had gotten permits for and then FPL kind of threw them um out the window. So, uh I I do feel that it wasn't an intentional uh heir. Yeah, I like this house.

Yeah. The comment I was going to make is I'm actually the house that I'm currently living in was built uh we took possession of it in uh 22 in January of 22 and the meter's way up high and at that point they were allowing strictly an access ladder to be able to get to the meter

and my meter didn't get wet even though we had the like everybody uh they still took the meter uh they took every meter on this island. So regardless of whether or not it got wet, uh, building the new house, we also had the option to elevate the meter, but it did come with a requirement for a bigger platform. We had a platform on the other side of the house for our AC and our eventual generator. However, it would have had to become much larger and actually require a variance if I were to relocate my meter to the other side of the house. So, this is all FPL driven and uh and it's all about the meter. So, and that variance would have cost you several thousand dollars at a minimum. So, you know, that is something to think about when we go into the LDC because if if it can all be consolidated into one location to save property owners

from that time and money of of a variance for something that right, we're encouraging that re that resilience. So, okay, great. Remember to bring that up, will you? That's a good one. Absolutely. Anything Jim? No. Okay. Um if there's nothing else um would somebody make a motion please to I'll make a motion to approve variance 20250287 138iscus there subject to the staff uh four conditions. I'll second that. Okay. So but there are two variances.

There's two variances. So um would you like to make a a motion for the mechanical equipment and then for the stairs? I can or do you want them consolidated? Oh, can they be consolidated? That would be yes. Oh, good. Then Jim then Jim's motion stays. Okay. Uh is there a second for the motion? I second. Thank you, John. Any discussion on the motion? The motion is to approve both of the variance requests in this uh uh case. And any any discussion on the motion? None. Your vote. Jim I. John. Hi. Jane. Hi. Jim. Hi. Don. I I motion carries unanimously. Thank you and merry Christmas. Yeah,

Madam Chair, learning moment if we can. Crystal, would you mind coming up and sharing what you went through the last day or two about this variance request with um with the rest of the LPA so the audience can hear too. I think it would be very important for people to hear this. Okay. Certainly. Thank you. You'll find out. Beat him with a stick. Yes. Yesterday afternoon. Crystal, just say your name for the record. My name is Crystal Scholola. Go.

And yesterday afternoon, I received two emails. One from the zoning and one from the planning department. and they each had a sum of money that I was supposed to wire into the account and it was supposed to be done um before this meeting or else the meeting was going to be cancelled for me. Did it have my signature on it and it No, it did not. Okay. Because there was another one circulating with me telling people they had to pay money. Yeah.

And but it it was so real. It had the FMB logo. It had the water signs, you know, in the back. It looked very real. It had specific information exactly how it's worded in the variance was also in that email. And again, there were two separate ones and it totaled $8,590. And then they sent it again last night with wiring instructions.

And they said it had to be done within 12 hours. They again wrote me in the morning and said I have very little time to get this done before I would be removed from the LPA and um so I went crazy. I was trying to get the wire fulfilled. Oh my gosh. Um I I really didn't know what to do because

you know so and you know when because so important with me too and I didn't want to be cancelled. So, of course, I immediately tried all these ways to get this wire done. And thank God, they didn't accept. They only wanted debit cards because I don't have one. That's the only thing that stopped this. And then I came here right away um after they they wouldn't take the debit at Western Union out. I went to Western Union. My lord in heaven. Okay. And um so then I came here and was told for one, you don't ever request a wire, right? And I if I had even known that, you know, but again, I didn't think too much about it because this is so important to me,

of course, that I didn't really stop and say this was fake or not. That's horrible. So, and they emailed me back and forth so many times like when I emailed them asking, you know, I can bring a check, I can do this, I can, you know, why don't you just send me an invoice in the portal like you usually do? And they sent me the request saying, "No, we only do wire transfers for this type because we're so close to the meeting."

Unfortunately, you're not the only one who's been subject to this. So, there was another I actually posted it on Facebook because there was someone who received a letter all very official and it was signed by me uh requesting $4,800 for the processing of their application and whatever. And I I guess it's happened it's happened quite a few times now. So, uh, people should be very aware that the town never requests a wire transfer. That if you have any questions or suspicions, you should immediately call town hall. And and getting cancelled from the LPA, you'd have to be a very bad girl for that to happen or very unlucky.

Oh, I'm so glad you don't have a debit card. That's good. Gosh, scams. That's the only reason I don't have it because I don't I think that of them as scams and you did. Wow. Wow. Thank you, Crystal. Thanks. Thanks for sharing. Thanks for bringing that forward, Jim. Of course. Wow. Okay. I hope people are listening to that. Yes. Yes. Thank you for that. Actually, that was not the town. No. And we don't operate that way. You don't get We should get that out to the news. Yeah. Because they were doing scams. We're even getting our own invoices sent to us. So, you know, it's not us. We're not invoicing ourselves.

Okay. Well, let's move on to the big show of the day, which is ordinance 2520 DCI20250203 for 175 Sterling Avenue, the Fort Myers Beach Women's Club. I just got chills. Uh, an ordinance of the town of Fort Myers Beach, Florida, approving approving with conditions or denying a reszoning to commercial plan development, CPD, for the property located at 175 Sterling Avenue. A generally identified a generally identified estrap number 334624 W20000004.00000000 town of Fort Myers Beach from institutional for a redevelopment to the Fort Myers Beach Women's Club providing for conflict of law scrier's errors and providing for an effective date. Um, John, exparte?

None. Jim, none. Jane, none. Jim, none. Don, none. Oh, my exparte is years ago sitting at Truly Scrumptious with these two ladies, Mary and Don, talking about what the future of the women's club would be, but recently I haven't had any discussions, so I I pretty much know what they're doing. So, okay. Um, we'll begin with you, Jason.

Yes. Thank you. Uh Jason Green, community development. As you mentioned, 175 Sterling Avenue. It's a request uh for a reasonzoning to commercial plan development for redevelopment of the women's club. Uh the site includes all the necessary typical things. Site plan with parking, uh storm water, some landscape buffers referenced in there, and footprint of the new building. Uh the application includes a proposed building consists a total of uh 15,151 square feet of building 6737 this is all approximate uh square feet under air 838 ft of deck and 7575 square ft of ground floor that makes for total of an F of approximately 0.25 25. Um, under the typical zoning uh requirements, they're allowed 08. So, it's much lower than what the maximum permitted is. Um, there are are no deviations with this request related to the site or or other items. Um, I'm trying to make sure I point this out as we go through these CPDs. The elevations are not included. Building design was not included with your your packet. Uh, they will have to go through that review process through the DO. The code allows you to do that. Um, other CPZs you may see more elevations in architectural design. Those are not being approved at this time. They'll be reviewed under a different application and and that's fine. That's their choice. Um, so based on uh section LDC section 34-85 and 34216, there's findings and conclusions included in your staff report. Uh, the items we address each of each of those items from staff's review of this. Um obviously it was site of the former uh women's club and so the redevelopment of this is in line with the previous uses and consistent with the comprehensive plan. Schedule of uses in the CPD uh will include membership organization administrative offices. There's onremise consumption of alcoholic beverages temporary uses commercial accessory uses

which are allowed and for whatever reason our code spells out ATMs. So that is allowed use there. Let me get back to here. And so uh so based on the items the se land development code sections I referenced 80 uh 34-85 and 216 uh staff has recommended approval with conditions and there's three conditions uh related to the site. If you want to go over any of those specifics or have any questions I'd be happy to answer them. Thank you Jason. Questions for Jason. Don Jim no question James? None. John. None. Jim. John. John.

Uh, no. There's a there's a typo. It talks it references convenience stores in some of the um verbiage. Staff report. As far as the category that allows us, uh, it's in there's, uh, no performance standards. There are no special location standards for convenience stores. Oh, yeah. So, what it meant is the future ladies category that allows the mix. Um, there wasn't or performance standard that you're talking about. Yes. Sorry. Hold on. Okay. Thank you, Jason. Jim.

Holy cow. For the record, James Inc. Um, I have been here before as an expert to present and wish to do so with the board's pleasure. Yes, sir. You've already been qualified. As always, I have a handout. Of course, if I can distribute that,

share. Thanks, Jim. Thank you. This is for people who want to read ahead. Yeah. Nice to see you, Jim. Thank you, sir. Thank you. Go right to the end. Exactly. Suggested motion here. One note before I get started is I received four of those spam things in the last two days. You did? Yes.

And they were signed by various staff members. Frankie, Judith, I mean quite a few. Not not by the chair. Did you alert the town? Yes. Good. Okay, I did. It's crazy. For a clicker. What the heck? People have no better to use of their time. Sure. Christmas presents. Jeez. I'll try to keep this brief, but you know, I tend to talk a lot. We'll shut you off.

So, today we're here to discuss DCI 2025203, which is known as the Fort Myers Beach Women's Club. It is at 175 Sterling. The owner developer is the Fort Myers Beach Women's Club, which is a nonprofit organization who's been on the island since, I don't know, 1950 or so. Uh, planning and engineering is by myself through our firm, Inc. Engineering. Architecture as almost always down on the island, Albert, at Studio A. What we're asking to do here, what this request to do here is really simply to add a schedule of use membership organization. Um there was some discussion when we applied with with some other staff members of whether we were a cultural facility which would have been allowed by right or not and there was some disagreement. And the second part of this is consumptive on use. So we would have been in the public hearing anyway. So it was just easy to package this up as a CPD, make it real clear, tone down the uh schedule of uses and and bring the project forward. Why you should grant this in in my opinion is the women's club has been on the island since the 50s. They do really, really good work. It's been at this site. They want to continue exactly what they do. So, I think it's good for the town. So the request statement is a local planning agency consider for the requisition of approval to town council to reszone 175 Sterling Avenue from

institutional conventional zoning to commercial plan development with conditions. What I'm going to walk through is a little introduction to the property design, how we got here, how it complies with the comprehensive plan and land development code. Uh, I have in the packet just the same as I have in the application, the finding conclusions that you look at. I'll probably editorialize and shrink this presentation down quite a bit to just keep it from going too long. So, here is the property on Sterling and Lazy Way. Um, it's to the north is a mosquito control property that's there. To the south was commercial that used to be there and it's completely surrounded by residential. Been that way for a long time. It's going to continue to stay that way. The pre-site showed the building that was built in uh like 47 It's three little less than 3,000 square ft and it's in the northeast corner of the property which which is important when we get to the design. You can see the closest neighbor is a residential to the east and then a residential to the southeast post site. Um, Hurricane Ian was not kind to the site and and basically took the structure away. So, what we've got here are the property development regulations. And interesting to note, they're exactly the same as the institutional. We didn't ask for a change of any of the setbacks, any of the buffers, FS, any of that stuff. We just carried them forward. We did take

the schedule of uses and shrink them down and we took out things, schools, theaters, churches, those type of things that were allowed and institutional. We kind of took those out to say we are the women's club. We are a nonprofit organization. Nonprofit needs to be here to be compatible with the neighborhood of of community civic type operations. So that's why we just shranked that down at this point since it was a CPD. So we took all of the known quantities and we went into the design to say we're going to bring the women's club. We're going to bring it into the 21st century. We're still going to do the nonprofit mission. We're going to retain sensitivity to the neighbors and the and the surrounding area. We're going to design something that's resilient and sustainable and and carries through. And the interior and exterior uses support the women's club, which is important in this day and age. We have the interior uses, offices and meeting space and some sitting space. And then we also have the the need to do some outside activities, temporary uses, those type of things for for events and gatherings. So, we came up with a site plan and as you can see from the site plan, the uh the colored area is the building footprint, which is bigger. It is quite a bit bigger, but it's still of scale. And we kept it up in that northeast corner. And it and it's real important that we kept it residential kind of looking and feeling and buffered. And we kept an event lawn in the middle. We put in there. And then we wrap the uh the parking lot around. The main entrance is off Sterling just like it always was. We do have a limited back entrance for service uh first responder carry through

so they can get out if they have to come in and those type of operations. The the lazy way is intended to be a a secondary entrance and and not a primary. Um it has the buffers as required. We bring in storm water management. We we're bringing the site up to 2025 standards. The architecture of it is to keep it in the in the traditional Florida style. You can see it's elevated singlestory. It can be three stories. It can be 30 feet high, but it is just proposed to be a single story. And it's important to note, I think Jason says we didn't have any of the architectural um parts of it. We were passing that through to the DO, which is true in a way, but we do have these and these are the buildings that you know the elevations that we want in the record that what we're doing. We've had a few um discussions on island with other buildings that have gone through variances in CPDs and then when they get to do they some architectural differences between developers and staff and we're trying to to limit that as much as possible. So this is the view from from Lazy Way which is looks out in in the front area and then this is the view from Sterling. And as you can see as it goes around to the right on the east it becomes more single family looking and and less activity and and you know so that as you go into the residential neighborhood it feels very compatible to to the neighborhood. Jim, I have a question. Either the the landscaping is very lush or I'm just curious what the elevation is for the It

doesn't look like it's very high. The building The building is the right height. It's a little bit lower when you get back there. Okay. So, what do you know what the elevation is? I think the elevation is 12. Okay. And the ground's about 56. Okay. Um, not that it won't be a little bit higher. So, you know, you want to have a little usable space underneath. Sure. But I think it could be the the way it's drawn there. Okay.

Um, we went through and this is this is right out of the my narrative report in the application. We went through and and analyzed the the objectives and the policies and the things that support the project to be here. Um, it's important that there's a couple that are required in I think it's 34216 for a plan development. There's a couple little extra things you have to do and that analysis there. I think it's 4 AC and CB5 that we went through and and we went through and analyzed that that says we believe we are consistent with all of those policies and those requests. uh 4 B5, sorry, it's on 4C5 Boulevard. We're consistent with the underlying future land use of the of the boulevard to do what we're doing at this location. We are not on a steroid. We're set back from a stereo. So, little bit uh less intensity that the boulevard was was asking for. Commercial intensity, commercial locations. We went through and analyzed that part and says we're consistent with that with what we're trying to do. Levels of service and conventionals were add in storm water. The traffic impact statement is similar to what was there existing. It'll be in in greater detail when we do the development order. And we feel very confident that we do not have a transportation impact statement problem with traffic that's generated from from the uh little bit of extra square footage and how it's used in in the project. Uh design standard compliance, we will have to be compliant with uh the commercial design standards in the land development code. Uh, we really hope

that what we present, we put in the record right now is going to work. That's what we're asking for, but I guess that's a to be determined. I'm a little sensitive to that part of what we've done down the street. So the request statement again is we're asking for your recommendation of approval to town council that this is appropriate type project. It's what we need to do. It's good for the town. And then as always there's the findings and conclusions. I walk through all of those. It's in your handout. It's in the proposal that from my expert substantial competent evidence word, I believe that everything that we've presented in the in the package is consistent with the comprehensive plan and the land development code and I'm not going to walk through all of these. I may do that at council, but I'll I'll save you from from that part unless you want me to.

No, that's okay. That's okay. We got it. You're on a winning streak. So, as I always do, and I think there was a comment at the start, I always put in here what I'm asking for, and I'm asking that you find a recommended approval to town council that a finding consistency with the comprehensive plan and the land development code for this project 175 Sterling Avenue. And with that, questions. Thank you, Jim. Uh, questions for Miss Nothing. Jane, do you have any time frame of once you get this approved when we would see the DOU? And

that would be the time frame of starter construction is obviously dependent on fundraising to make sure they have enough money in the bank, but we're planning on going to do shortly, start working on that. And the architectural plans have just gotten to the schematic area. you know, we've got the floor plan, we've got the elevations, but not building plan. So, we got to get through that process and then they've still have some money that they need to raise that hopefully they can get shortly. Okay. Anything else, Jane? Jim, no comment. How about you, John? No questions, sir. Thank you very much, Jim. Thank you. Appreciate it,

Jason. Yeah, I just like to add I think Jim makes a good point. Um we'd like to offer and request that you include uh the renderings that they have as part of the compliance your interpretation of compliance with the land development codes. Um and we can go through that discussion if you want but I think that would benefit everybody here to uh and if they continue to develop that even in more detail as we go forward uh towards the council that would ultimately beneficial incorporate those if possible. Thank you Jason. Okay we'll open up the public comment. Who would like to speak now? None of you are shy. Maybe somebody'd like to tell Come on.

Hello. Good afternoon. I'm Ron Bennock and I live at 210 Sterling. I'm that Southeast resident right across the street. Um I'd like to say that um the women's club has always been a great neighbor and look forward to having them as neighbors in the future. Um the one thing that I saw in there was for membership. There was something on it that said membership. Um, and what I would not like to see down the road if something were to ever happen is to have something like Bonita Bay does and they have the their clubhouse on on the beach down there on Hickory Island. Um, so I'd like it to stay nonprofit or some way to to say that that it stays nonprofit membership or something. I don't know how to get there, but um that's all I'm saying is that let's just say some down the road that the women's club is done and gone and I'd hate to see something like that come into that spot.

Oh, I see what you're you don't want it to be a paid club. Correct. Got it. Okay. Thank you. Thank you, Ron. Anyone else wish to speak? Seriously? Maybe maybe a little commentary on what a timeline could be, how successful you've been with your fundraising. Nothing. Oh, we knew we could get

Merry Christmas, pal. Um, Don Thomas, past president of Women's Club. uh where we're at with fundraising right now. To give you a little bit of background, two or last August or a year ago, August, uh we started our fundraising efforts and in about 10 days we raised $750,000 and we were cruising and then September came along and lo and behold, we had three hurricanes. Debbie, Milton, and Helen stalled us out. We everybody it was a little faster of recuperation on the island for people to rebuild their homes and their businesses, but everyone has been very leery about giving until we got through this past October.

Yeah.

And while we have just had our first or our um uh 8th annual 8th annual Yeah. um Christmas tree festival and we raise $60,000. A lot of that money goes back to the nonprofits which is based on our mission. Our Putton Pub is um January 17th that is scheduled right now. It's we've got more donations than we have in the past. So we are continuing to raise money. I think right now um we have a number in our head of where we need to be before we put shovels in the ground. mainly because Mary and I don't want to be the two people that lose the land because we don't get enough money at the end to build the building. Um so we are just starting to re um push our efforts once again now that we are in the clear and past holiday, you know, get through the holidays. And um our other initiative really is to introduce all these new people who are coming onto the island and who are moving here to see who we are and what we're about and how we do give back and what this clubhouse is. It's not just our clubhouse. And I know Ron brought up, you know, not to be a private club, but you know, we want people to know that this is a community space where people were using it for weddings or for baptisms, and it was something that everyone could use. And that's we really want it to be known across our our community and to these new people that that's what we're about.

Anything else? Excellent. Good. Thank you very much. Anybody else? Okay, we'll Nobody else wants to speak. We'll close the public comment. Um, any further questions for the staff or the applicant? Uh, no further questions. Any discussion on this project? I would like to thank them for mowing their yard and keeping it look looking nice because it is really sad that the big contractors on this island are not taking note and being good neighbors and keeping the property looking good. So, please keep that up.

Any any other um any other discussion on this? Uh I I I'm just going to tell you all I know you all personally, but the women's club has become such a force and something that this community is extraordinarily proud of. And it isn't just a club of women. It's what is done with all the money that's raised and given back to the community and to different nonprofits and groups. It's it's really um it's really something and you should all be really really proud. I'm uh I'm grateful you're here and grateful that you've come this far.

I'll make a motion to approve ordinance 25-20 DCI12025 0203 also known as 175 Sterling Avenue FMB Women's Club with the uh three conditions outlined in staff report. Second. Can we incorporate the renderings? Yeah, the renderings included in the packet. Thank you. Appreciate that Jason as a matter of the record. Yeah. Okay. Second. Uh we had a second with with uh with Don. Okay. So there is a motion and a second to approve in finding the uh finding the project consistent with the comprehensive plan and including the renderings uh in the packet. Any further discussion on this? Jim, your vote. I. Don I. Jane I. Jim I. John

I. Yes. Congratulations. You're on to the next step. Bravo Jim if you won these. What what a what a great day. I just remember when this started. Oh, golly jeepers. Jim, if you want these to keep for the next meeting, you can come pick them up. Jim, do you want to Jim Inc., would you like to keep your save a tree? Yes. You want to give them to the council? Yeah. Yeah. Recycle. Good for Good for you. Thank you. Glad to hear that. We got that referred to, Jim.

Yeah, we did. We'll we'll move on to the next case which is a special exception. This is SEZ 202500081. This is 2812 EO Boulevard, the Caper Beach Club. A resolution of the town council of the town of Fort Myers Beach, Florida. Approving approving with conditions or denying special exception SEZ 202500081 to allow like for-like replacement of existing two TWW of two existing 12T by 12t tiki huts and 4ft high posts and rope barriers and environmentally critical zoning district seawward of this 1978 CCCL line for the real property located at 2812 E of Sterile Boulevard providing for Scrier's error severability and an effective date. Um, any exparte on this? Don,

none. How about you? None. Jim, I mean uh Jane, no. Jim, none. John, none. And I have none. Nancy, just before we begin this uh are we our final um final vote unless there's a uh an exception on special exceptions now as well, aren't we? I believe so. I am checking that as we speak. Well, let us know later. I will. Thank you. Go ahead, Jason. Thank you.

Good afternoon again. My name is Jason Smalling with your planning and zoning department. Um, as Anita just mentioned, this is a request for a special exception for the redevelopment of two 12 by 12 tiki huts, uh, landward or excuse me, Seawword of the 1978 CCCL and for the replacement of rope and ballards, um, generally in the area of their, um, of their tiki area and their walkway. Um the applicant is utilizing a special exception which the town council has allowed for uh the replacement of like by like like forlike uh materials that existed pre-storm that were damaged and had to be removed. So uh the applicant has uh given us staff evidence that the tikis did exist. uh we can confirm that using the LEPA aerials and going back to at least 2004 I can also confirm the placement of the rope and ballard systems. Um the applicant's uh design is putting the tiki huts generally into the same placement and as the special exception section calls for, they're being placed as close uh as close to the buildable area and the CCCL line as is feasible to ensure that they don't interfere with any required plantings or dunes. Uh the applicant is here. uh the uh the staff has determined that this is a generally acceptable rebuild and that we have validated that those structures did exist. So it would be allowable to be replaced under this special exception as pre-existing materials. If you have any questions or concerns, we're here for that. Otherwise, the applicant is here for your questions as well.

Thank you, Jason. Questions for Jason Nancy? Yes, madam chair. Um, so it is ordinance 25-18 and you are correct that um the uh special exceptions that only replace like for-like structures that were existing prior to a national natural disaster event um does uh final agency action if the decision is made by eligible members of the LPA and there is no request received uh within 10 days after your decision. Thank you very much. Okay. Any other questions for Jason? No. Thank you. And the applicant is here. I am. Come on up.

Were you all sworn in this morning? Yes. Wonderful. Well, tell us your names and what you'd like to tell us. Uh, my name is Bonnie Delizia. I'm the property manager for Caper Beach Club. Merry Christmas, Bonnie. Merry Christmas. Our intention is to complete Caper as to what it was prean. And these are the last steps. Very good. And I'm I'm Sue Cox. I'm the secretary of the board. Hi, Sue. Um uh anything you want to add to what Jason had to say? No. I Okay, it's pretty straightforward. Again, just direct replacement and to maintain the, you know, lush tropical Florida uh environment that we have at the property. Well, we appreciate your efforts.

Thank you very much. All right, you can sit down. Let's see what there's no public comment, so you're not in the running the risk of an upheaval here. Um, but I will open public comment just to open it. And there is nobody here other than the applicant. So, we'll close that. Any further discussion or questions for Jason or the applicant? Anyone? And seeing none, would somebody like to make a motion to approve the special exception for the Caper Beach Club? Uh, I'll make a motion on SEZ2500081 2812 Sterile Boulevard the Caper Beach Club um granting uh uh the approval, excuse me, with the conditions as attached.

Second. Thank you, John. Thank you, Jane. Any discussion on the motion? Your vote. John. Hi, Jim. Uh, Jane. Hi, John. Wow. You. This guy. This guy. Hi, Jim. Hi, Don. Hi. And I'm turn the name tanks around for a minute. Thank you all. Congratulations and uh thanks for getting back up and running. Just another another piece of the puzzle. We appreciate you. On another note, I also received four letters. Come up here. I brought them with Come back up for a second. You brought them with you. Good. All against

Oh, I've I've seen them. I'm sure yours look exactly like the one, but it looks exactly Wait, we can't hear. You have to talk into the microphone. Sorry. It looks exactly like what you had. Yeah. And when I got it, I um I called There's You have somebody who worked remotely out of Canada. She's been such a big help to me. Oh, and I emailed her. Wait, do we have somebody who works remotely out of Canada? Oh, no. Her name is Sashka. Sashka. Anybody? That's you. Oh, you're Sashka. You have an alias. Is there more to this story? Name change. illegal. This is somebody that works for for you. Yes, it's a Yes, it's somebody works for me. Oh, okay. Very good.

Well, she's been wonderful. Well, that's good to know. I'll claim that. Anyway, I um emailed her and I asked about this and she said to call Kendra. Yes. I had already paid $3,993. So, I sent that to Kendra along with what I received in the mail or on email and she said, "Um, it was a scam. Do not pay it." I received three more letters since then. So, I brought them. I didn't know if anybody wanted them. Well, we should have should have them. You can give them to Jason. And now that $3,000 some odd dollars you paid that was that was in October. Okay. So that was legitimate. That was legitimate. For heaven's sakes. Goodness.

Boy, you know, if these people would put their time to something good, that makes me so mad. Makes people are so vulnerable when they're in this stage of their just will do like what's another 10 grand to make it finally across. Exactly. Oh gosh. I hope people are listening to this. Oh, okay. Has the town notified the sheriff of this?

Yeah. Uh, thank you all for the opportunity. So, this is something that I think the town just put out a public service announcement a couple days ago or last week on too, but um unfortunately we are we were made aware of it across um a couple different departments I think with special events, construction permits, um LPA. So, it's something that um we're definitely looking into trying to address. But, as a reminder, I know we've all kind of said it, but never uh send funds through a wire transfer. the town will not request that from you. Uh when in doubt, we highly recommend please reach out to us. We're we're here to help and we want to make sure nobody um obviously gets scammed with that. But um Nancy, would you recommend I guess that they also report to the sheriff's office center or is that

I I believe so. Um I do know that um our town manager, he was very proactive. Um, the first time we heard about this, um, he did, I believe, report it to, uh, the sheriff's department and I think he was on the news yesterday. Um, also warning our residents that, um, unfortunately this is transpiring. Um, so get the word out. Well, could we make a public address to the phone, you know, the emergency number on uh, for the town of Fort Myers Beach because that's a good idea. people are, you know, everybody has a permit issue going on, I'm sure. Yeah, absolutely. I I'll for that on to uh to Will and Tracy and our team. And

I will tell you, back in the day when it with real estate, we used to get I used to get cashiers checks daily in the mail saying, "I want to buy this and this, that, and the other." And I took them to the police department. There's nothing they can do. So, I mean, it's got to be something that we educate because um you know, there's no way for them to chase these down. Well, good. You didn't pay those. All right. You know, by the time you get to this point, exactly. You'll do anything. Of course, you will. Let's just get to the next phase. Yeah, exactly. Check. Well, congratulations on your approval and happy holidays.

You're welcome. Okay. Next item on the agenda is the administrative agenda. Who's going to say something about that? Anybody have anything? Okay, we'll move on to LPA. Oh, wait. Stand. Well, stand. Come on. Sit. No. Stand. No, I we just want to talk about schedule at some point. Yeah, let's go ahead. Let's do it.

Okay. What's your schedule? No. Um we we're for January uh because it'll be around the corner here. And um I think your schedule for your normal uh January 13th is the second Tuesday. Uh we potentially have a pretty busy agenda uh including potentially a large project. So um the the question is do we have availability? Do you want to pack that all into one day? Do you want to split those up? Um and do backtoback days? How what is your preference as far as that goes? Um anybody have a preference? I think we all know what you're talking about and I'd like to see them split up for both. I I think I think the comment from Anita's father as well as the

non-related agenda is getting to about four applications at this point. So would the next Tuesday the 20th? Uh no that's council due to the holiday. I that's I I don't have any suggestion. I just I know all of us have busy schedu or something. Well look we have we have time in front of us but I think I think everybody would agree we should have two meetings in January. Yeah that would be a good help. One specifically for uh any large project for a large project. Yes. Yeah. You mean it might come up? Yes. Exactly. Okay. So then maybe Jason, you or Amy could send out something to us where we could all say we're available this date or that date once you know what the schedule is.

Absolutely. Um I will say Fridays are generally open the entire month of January. Um if that's an option if not that last week of January looks like we have almost every day open. Um just I have no issue with a Friday. I don't either. Anybody? I drink wine on Friday, but other than that, I think as long as I got as long as it's not the afternoon. There you are. Let's do more. So, maybe a Friday morning. Friday morning be great. We'll coordinate with Nancy on Okay. Yes, Jason. The uh regular agenda, how full is that? Did you mention?

I believe right now we're looking at four applications. I don't think they're too complicated, but uh probably like today it's the problem is the other five. Yeah, it's going to get big. It'll take several hours. Yep. Um I mean I think honestly I think it's possible to do it one day. It's just No, no, no. We could. It's not fair to the applicant to have us sitting here for four or five hours and then making a decision. I mean, not that this group is not capable of that. However, well, I mean, they're going to it's taxing. Yeah. But but at least if it's you know just the only thing that we have to deal with then I mean the other option is obviously with you can set the other complicated more complicated one at a specific time so you could take a break after and then it's then we

rec it's still a long it's still a long day long day for us it's a long day for the community. So yeah okay are you anticipating a full day or a half of a day? That's up to you guys. I mean, we'll But would you like It sounds like they don't want a full day. The full day. Well, well, just in case. Yes. But starting at 9 coordinate with meeting rooms. You mean for the Okay. For the additional meeting starting at 9. That should be a full Okay. Yeah. Okay. Good. Okay. Anything else administratively, Mr. Green? Uh, no. When the time is right, I I kind of want to follow up on that conversation we just had about elevations and architectural. It's become a very prominent thing. So whenever we talk about that. Okay.

Today, later whenever. All right. Um LPA member items and reports. Anything John? Um I would like to hear what you just alluded to. U it's becoming more important. I think one of the things that we've been doing especially in the areas where their development agreements etc is trying to get the renderings etc. locked in as being a commitment uh at least as strongly as it can be. Is that what you're referencing or is it

Yes. So having on the other side of my life uh we do architectural and other design and talking with architects and we're talking locally with architects. It's challenging to have design sufficient enough at this level um that that you could go to design with. Right. So it's really renderings, it's concepts, but the the requirements in the code right now kind of do both. Um, and but they're very prescriptive when you get into the nitty-gritty of it and they're very detailed and 60% of glass on a primary street wall as an example. Looking at the renderings example you saw today, you don't know if that's 60%. Right?

But the code also allows that if you do it at this level and the council ultimately says we think that is consistent and that's sufficient enough for us, then we can use that as the basis when we see it at the next steps. They're not always going to be 100%. the code gives us the leeway a little bit of that if they do it during this process and you say we think that's sufficient that's what we want we want you to see a general picture of it and we want to use that as a basis um does it allow that if you wait right but we also recognize that you're never going to have as detailed as the code requires now right very very expensive

I'll speak for myself I like as as much transparency and clarity I think everybody would but also So, um, what has always concerned me is if we are only defining a project as by its setbacks or its box or its heights or what have you, that's always been concerning to me. And I think that's why we've always asked that those drawings be included. But at the same time, when they come back with actual building design plans, it could be different.

You don't want to say, well, you had this window there and you moved it. You can't do that, right? Oh, but we also, I think, want to allow you both the guidance because you now would know what the picture looks like, but also the discretion to say, well, obviously this was the idea and it's in keeping with what they were trying what they proposed previously. So, so I'm talking about this this week specifically because we've had three or four projects that this has come up on. Um, and so what we're my approach in this is I say this to you, say this to the council, say, "Hey, if you like this picture, let's find that to be substantially consistent with the code." you find that and we'll use that as the basis and then I don't have to go in and measure

and I'll give you another example. They showed a picture of I think it was the food truck uh project. They showed glass. They came in and said, "Yeah, we can meet the percentage, but the bottom of the window has to elevate because once they did the internal design of the kitchen and the counter and all that, a counter for ADA access had to be moved over here, which then they couldn't be in front of a window, right? There's a domino effect here which do you go back to hearing for that? And I think the code allows us not to have to do that. Yes. Um but I want us to say it in the transparency part that we're finding this substantially so we don't have to go by every single component that does follow in the code if that makes sense. I think that makes perfect sense and I completely support it.

I agree. And what what to me is is great about the project we just saw was that they could have three stories there and they they're saying a single story. So to me that helps me visualize the single story instead of three stories and I'm much happier with that. Right. But we want to be able to say if that porch alters a little bit, if the roof line changes a little bit, it's still within the general parameters of what if it all of a sudden becomes a completely different building that's different. But the code allows us to do that as long as we're transparent and doing it. This part of it, if we get past this without doing that, then it gets very very very specific

and frankly is written as some Greek and and probably inconsistencies and all some of those things that are in there. So, we've been working with some of the local architects that are bringing projects through and getting their opinion on it and how can we help um expedite is not the wrong right word, but I the transparency efficiencies and we don't want gotchas on the back end.

Yeah. No needless iterations and repetitions. The challenge is also though you've got non-archchitects and non-design professionals creating these images through AI and other means that are available now for technology and then they may not look like so it's kind of a yeah let's do it up front but also make sure you got the right professionals maybe you have to pay a little more to get that let's make sure you're getting the right image so that we don't have to send you back later on that's what our goal is we don't want people coming back the you don't want them coming back to public hearing the the amount of detail to me is somewhat dependent on what the request is. Mhm.

If the request is for a development agreement, I think I would like to be satisfied that there's sufficient Sure. documentation exhibits in there that we know what we're getting versus a special exception or a variance which may be prosay or uh we may even get another bite at the apple during the development stage. But, you know, these development agreements have sort of left a bad taste in the community. Mhm.

Well, I think it's a good point and that's why we're going to try hard to bring that up and say if you find that this is sufficient, then you can make that statement. Um, because you are going to sometimes get just colored boxes and that may you might not see awnings, you might not see porches, you might not see any of that stuff and if you're okay with it, then you can say it. If you're not and that's not enough detail, then let's say that also, right? So, I think it's entirely within yours and the council's perview to make that decision on a case- by case basis.

Um, the challenge is if you would wait the we're going to change this in the code, but has a really, I would say, an unacceptable way of getting that approval later on down the road that incorporates the town manager and council and it doesn't work. It's just not a good way to do the process. So, we're going to try to fix that. But, in the meantime, that's why we're trying I think the transparent word is probably the best use. We're trying to be transparent with you and if you like it and you're okay with it, then tell us that the basis. Yeah. And and on the bigger projects, the sooner we can get information, it's easier to digest it and come in prepared.

Sure. And you may get that on some bigger projects where you have a three-story building that doesn't show balconies and it's more just a color box and it's a 3D rendering of something. Is that sufficient for you or not? at that point. I mean, you may it may not be in a case that some other things are kind of confusing, right? So, that's going to be in a case by case basis and I'll we'll leave that up to you guys. Okay. Thank you, Jason. Yes, ma'am. Thank you. LPA items. John, anything? Uh, no. I have nothing other than to wish you all the happiest of holidays. Same to you, Jim? Same. Just uh wish everyone a merry Christmas and a happy new year.

Thank you, Jane. I want to bring up um the bike parade is December 20th and hope everybody gets out and plays with us and it's always fun. And um the other thing is that I really am wanting the town to start helping the neighbors with the yard conditions of people. I don't know if we I mean I'll be happy to volunteer and drive around, take out dresses, whatever. I mean, I can't even walk my dog down the road because he just gets stuck with burrs and and thorns and stuff and it's just it's just disgusting really. And I mean, I sweep my street. I take a rake down my street. I mean, I know a lot of people don't do this, but I'm tired of caring for other people's yards. And we need people to step up. It's been long enough they can start paying for mowing. And if they do it now, they don't have to mow it for a long time. But we'd like to see it get cleaned up. The other thing is where all the people are, we have no lights. And is there a reason why we can't get lights in Time Square area and down those streets and underneath the bridge and where where people are stumbling to get to their cars and things like that. It's just dangerous. Does anybody have any idea what is happening there? Can we

I think you should bring that up to the council. They probably about it 55 times. No, but let's move something. Yeah. Um Jim, anything?

Yes. I have one item. Um if it's of interest to the other members, we've spent an enormous amount of time and appropriately so over the last two and a half, three years looking at a significant number of projects. I use those in the upper category. Um, I think that it would be interesting, if not productive and helpful for financial planning, too, if we had an update on the projects we've approved and where they are in the permitting process. I follow many of these myself and I see nothing online. I think that's unproductive, unfair, and um, whatever the word would say, that wasn't what they told us.

Yeah. So if staff wouldn't mind and the will of this group to recommend however we can do that to will to assign whatever we can do. I'd like to see that report and like that report to be public and I'd like to get some answers around um however that can go and I'll have more suggestions for that once we see the report and getting some details around the gaps. So I know inherently what some of them are because of the world that I live in. But I'd like to see them all together and make sure we can align those excuses. Right. I agree.

Reaction Madam Chair. my I you know you com the two of you have my hot buttons for today and and that is you know I drive down Astero Boulevard and I hope that um staff and council members are listening to this and I see that I see properties that we have approved months and months and months and months and months ago in complete and total disarray absolutely uh with their approvals that by the town council and the town of Fort Myers Beach their property value was increased multiple times

and the property sits the the yard. I mean, the the property itself is in complete, you know, we have a property maintenance code that is not being enforced. And I mean, I think if the town wanted to make some serious money right now, all they have to do is start enforcing the property maintenance code. Well, the best way to deal with that is get them building

and or get them building. But the um between the property maintenance and you know we we've talked a lot about um having something here at town hall that shows what's coming what's happening on the on on the island. Eststerero Island Beach Club has a sign that with a picture of their proposed building that's kind of but even though it's behind some weeds and a fence. Uh but it shows what's going to be built. And I'm just wondering if there isn't some way that that could be shown up and down the island. It would it would create enthusiasm. It would help the community know where we're going. Uh it would be it would be a sign of great

Just like these builder houses. Exactly. Exactly. Builders of houses 4x4, however big they are, but it does show something positive. Yes. And the goods has done it too. And the goods property is nicely kept and their sign is very nice. Uh it it needs to be happening more and more and more. And what Jim said about a report, we should have a report. I mean, I think about it every day when I'm at work. Don't you remember the Pinchers guys saying we'll be open by December? and and now we're hearing maybe they'll be I mean I can tell you they're they're not open and nor are they going they're open it's all take out and eat somewhere else.

Yeah. Um so it would be nice not only for us and the council but for the public to know where these approvals stand. I I couldn't agree more. So um were you writing that down Jason? Yes he was. God bless. All right we can I'll come back to my list.

Someone responds to that. I don't want to get your hopes up, but um now that the comp plan in theory is done, uh those are modern GIS maps that were used to create the future land use map. As part of the land development code update, we also have to update and modernize our zoning map rather than it just be a photoshop of a photoshop of a photoshop of a color map. The goal this coming year and less than that, first half of the year, while we do that, is also to transition into a searchable, meaningful, usable GIS map that the public can use to look up zoning on properties. Ultimately, you'd be able to use that as a platform and a basis to then create what you're talking about as perhaps a monthly updated list or map or some some sort of thing.

But Jason, that's down the road. People are driving people are driving down the boulevard every single day and all they see is destruction. Oh, I understand. And it's not fair to the people who have put their money where their mouth is, who have cleaned up their yards, rebuilt their homes, and are struggling to move on. I mean, it's just not fair. I think we're talking about two different things. What I'm saying is for information to the public and anybody interested in Fort Myers Beach, we want to create an opportunity where people can look up and see what's been approved. I think that's wonderful. I think that's great. But I think we're talking about something. I want to do something on January. More I think code enforcement component that you're talking about. Yes. And I'm This isn't your fault that you're not in charge of any of this.

She's not yelling. No. Was I yelling? I Because I I'm tired of it. I really am tired of it. I look at I look at people who have spent their last dime rebuilding their home and next door to them, it's just trash. Horrible. Horrible. I was at Diamond Head the other day. I'm looking at Diamond Head. They they cleaned their place up. They've been an extraordinary community partner. And what are they looking at? Estero Island Beach Club should at a minimum be out there cleaning up their lot. It's not common courtesy. It is not neighborly. And it's not Fort Myers Beach. Right. But of course, most of these people Well, I'll stop there because I I'm I am irritated about it. Um Don, do you have anything?

No. Well, well said what everyone said. Yeah. Merry Merry Christmas. I'm interested. Merry Christmas. Um could I So, okay. So, they hit on my on my big ones, but let let me just ask one other thing. Um could we at some point in time redis or readress development agreements? because I have had a conversation with several maybe we can't with several people bill um how well I I don't we're not granting anybody anything with a with a development agreement but when we created the development agreement it was meant for smallcale projects right Carlos Chavez's project was perfect

but maybe some other ones aren't and I I just wonder if we could readress it you can just think about it because it's 218 and and it's it's the holidays Um, and the other the other issue I have is parking lots. And somebody brought up parking lots months ago. I don't remember who it was, but there are an enormous amount of non-permitted, at least to the best of my knowledge, temporary parking lots that didn't have to do what, for example, John Rashard went through when he got his permitted on San Car on Old San Carlos. And I just wonder what the status of that is. uh you know, are we just allowing empty any empty space to become a lot? And if so, why aren't they coming in and following the rules that everybody else who wanted a parking lot has had to follow? Just cuz your house or your business or whatever was blown down doesn't give you the opportunity or the direction to just, you know, put up a parking sign. The Neptune had up signs on their lot for a while and I thought, "What the heck are they doing?" I thought they were down.

They They're now town signs. The town has parking spaces there. How can the town have parking spaces there? They do. That was part of the That was an agreement they made, I guess. So, they're they're getting revenue off of it. Well, you know what? The parking is an issue. I mean, it's an issue for the town as a whole. But it'd just be nice if if as everyone else is trying to pick themselves up if we were all on the same page.

Well, I do think parking is something that we also need to consider when we are giving these reductions that we're giving because I think the whales surprised me more than anything um with the amount of extra parking spaces that have come out of that that um you know when those properties get built there's there's not going to be enough parking. No there will never be enough parking but never will be on the island for Okay, that that finishes my tiring. Um Nancy, do you have any items? Um happy holidays.

The same to you. Um anything do we know what's going to happen next month on the first meeting? You don't or you don't really? It's too early. Some smaller projects, things to clean up. Okay. All right. So Jason, we did uh the other Jason and I, we were conferring on your calendar. Would it be possible to have the big project um on the 13th for the full day? Is there a reason why we're not calling the big project by name? I'm just using general term in case one of the other big projects. There's there's multiple big projects. So there's multiple big projects. What are they?

I don't there's a list there's a laundry list of them. They're all under some different review at this point, but So we definitely know that the 13th would be available all day. Okay. I was told I mean they've all been filed to public. So yeah, exactly. So I don't know that which one's coming forward. The 13th is we already have a meeting, but rather than your regular meeting having the um that meeting dedicated to the one project. I was told there's a conflict with a particular application for that date. Yes. That's the only thing I Okay. So that Okay. Well, attorney your attorney can't be here for that. Okay. So what about the 16th? Did you look at that one, Nancy?

Yes. I am the one that have I have some conflicts. Um I could do it perhaps by Zoom, but um Oh, no. No, not not for the large one, but for the regular meeting. Okay. We'll we'll we'll work it out and come back to you. Okay. All right. Super. Anything from anybody else? Merry Christmas. Hanukkah. Second. Second. Thank you all. Third and fourth. It is uh 2:22 and we stand adjourn. Thank you.